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Anil Kumar Tiwari Vs. Union of India and Ors. - (Central Administrative Tribunal) (10 May 2019)

Mere show-cause notice or charge-sheet does not infringe the right of anyone, a writ petition lies when some right of any party is infringed



Present Original Application has been filed challenging the legality, validity and propriety of charge-sheet. The Applicant is also aggrieved by an order whereby he was placed under suspension. The order of suspension challenged in present Original Application has already been revoked by the Respondents during the pendency of this Original Application. Now, the question which remains for determination in this Original Application is whether at this stage, the charge sheet can be quashed.

In the matters of Union of India Vs. Kunisetty Satyanarayana, Supreme Court has held that, a mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is well settled that, a writ petition lies when some right of any party is infringed. A mere show-cause notice or charge-sheet does not infringe the right of anyone. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance.

In the instant case, the Applicant had already submitted his reply to the charge sheet and after holding full-fledged enquiry the disciplinary authority has already passed the penalty order. The Applicant had also preferred an appeal against the said punishment order, which was also rejected vide order. The Applicant has also filed a separate Original Application against the aforesaid order of punishment and the appellate order, which is pending for consideration. The applicant has failed to point out any infirmity in issuing the charge sheet. Therefore, there is no ground to quash the impugned charge sheet.

The order of suspension has already been revoked by the Respondents and the Applicant has been reinstated in service vide order dated 16th December, 2014. Therefore, the relief sought for by the applicant for revocation of suspension has already been granted by the Respondents. Original Application dismissed.

Relevant : Union of India (UOI) and Anr. vs. Kunisetty Satyanarayana MANU/SC/5137/2006


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